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State v. Houst

Court of Appeals of Idaho
Dec 9, 2022
No. 49589 (Idaho Ct. App. Dec. 9, 2022)

Opinion

49589

12-09-2022

STATE OF IDAHO, Plaintiff-Respondent, v. JOSHUA THOMAS HOUST, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Jacob L. Westerfield, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Jason D. Scott, District Judge.

Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of six years, for felony domestic violence or battery in the presence of a child, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jacob L. Westerfield, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Judge; HUSKEY, Judge; and BRAILSFORD, Judge

PER CURIAM

Joshua Thomas Houst pled guilty to felony domestic violence or battery in the presence of a child, Idaho Code §§ 18-918(2), 18-903(a), and 18-918(4). In exchange for his guilty plea, an additional charge was dismissed. The district court imposed a unified term of twenty years with six years determinate. Houst appeals, contending that his sentence is excessive.

Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well established and need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 101415 (Ct App 1991); State v Lopez 106 Idaho 447 449-51 680 P 2d 869 871-73 (Ct App 1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant's entire sentence. State v. Oliver, 144 Idaho 722, 726, 170 P.3d 387, 391 (2007). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).

Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Houst's judgment of conviction and sentence are affirmed.


Summaries of

State v. Houst

Court of Appeals of Idaho
Dec 9, 2022
No. 49589 (Idaho Ct. App. Dec. 9, 2022)
Case details for

State v. Houst

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JOSHUA THOMAS HOUST…

Court:Court of Appeals of Idaho

Date published: Dec 9, 2022

Citations

No. 49589 (Idaho Ct. App. Dec. 9, 2022)